Part IV of the Administration and Probate Act 1958 (Vic) cannot be used to compensate a claimant for wrongdoing by the deceased; the moral obligation must relate to a responsibility to provide for maintenance and support, not to atone for past wrongs. A close friendship with intermittent sexual expression, falling short of a domestic partnership, does not give rise to a testamentary moral obligation. Homosexual partnerships are recognised as capable of giving rise to moral obligations equivalent to spousal relationships.
The full text is available to signed-in members, including the 30 later cases that cite this judgment.
3 of the 30 citing cases carry a classified treatment. How each court treated it is available to signed-in members.